Radiculopathy & sciatica decisions — 2020

The Veteran's claim for a TDIU on an extraschedular basis is remanded due to the need for additional SSA records and referral to the Director of Compensation Service.

The Board denied the Veteran's claim for service connection for a right lower extremity disability, finding that there is no evidence to support a relationship between his current condition and his military service.

The Veteran's lumbar spine disability and bilateral lower extremity radiculopathy disabilities were denied increased ratings.,A rating in excess of the assigned 10 percent for a lumbar spine disability prior to August 14, 2019 was not granted. A rating in excess of the assigned 20 percent for a lumbar spine disability since August 14, 2019 was also denied.,Ratings in excess of the assigned 10 percent for right and left lower extremity radiculopathy disabilities were also denied.

The Veteran's cervical spine disability is granted as secondary to her service-connected bilateral knee disabilities. Her TDIU claim is also granted.

The Veteran's service-connected disabilities, including Parkinson's disease and related tremors, have rendered him unable to secure or follow a substantially gainful occupation since January 22, 2018.

The Veteran's service-connected conditions rendered him unable to secure or follow a substantially gainful occupation consistent with his education and work history, leading to the grant of a total disability rating for compensation based on unemployability due to service-connected disabilities.

The Veteran's TDIU claim is remanded due to the need for updated VA treatment records and a VA examination. The case will also be referred to the Director of Compensation and Pension Service if the Veteran does not meet criteria for TDIU under §4.16(a).

The Veteran's migraine headaches are granted as service connected.,Obstructive sleep apnea is granted as secondary to PTSD.,Radiculopathy of the right lower extremity and left lower extremity are both granted as secondary to lumbosacral spine strain.,Right wrist and hand disorder, and left wrist and hand disorder, are both granted as secondary to fibromyalgia.,Right arm and elbow disorder is remanded for further development.

The Board denied the Veteran's claims for service connection for a right leg condition, to include residuals of a lipoma, radiculopathy, and right knee disability. The claim for TDIU was remanded.

The Board has remanded the Veteran's claims for a disability rating in excess of 10 percent for right lower extremity radiculopathy prior to December 18, 2009 and entitlement to TDIU prior to July 23, 2009 due to insufficient information regarding the severity of his radiculopathy. Additional development is needed including a VA medical opinion on the severity of his right lower extremity radiculopathy for the period prior to December 18, 2009 and an assessment of the significance of his use of Gabapentin.

The Veteran's lumbar spine disability and radiculopathy of the lower extremities have been granted a rating, with the lumbar spine receiving a 40% rating.

The Veteran's diabetes mellitus, erectile dysfunction, bilateral cold foot sensation, diabetic neuropathies of the lower extremities, and diabetic retinopathy with cataracts are all rated at their maximum allowable levels. The Board has remanded for further development regarding service connection for cold feet.

The Veteran's claims for increased ratings and effective dates have been remanded due to the need for further development. The service connection claims are based on direct evidence of a condition related to military service.

The Veteran withdrew his appeal, and the Board dismissed it.

Service connection is granted for low back arthritis and degenerative disc disease with associated bilateral lower extremity radiculopathy. Service connection is also granted for an unspecified depressive disorder with anxiety as secondary to service-connected conditions, but PTSD remains denied.

The Board denied an increased evaluation for the Veteran's service-connected low back disability and left sciatic nerve disability on an extraschedular basis, finding that the severity of these disabilities does not warrant such a rating.

The Veteran's service-connected disabilities do not meet the criteria for specially adapted housing, special home adaptation grant, or financial assistance for automobile or other conveyance and adaptive equipment. The decision is granted as these claims are moot due to his receipt of a TDIU.

The Veteran's service-connected disabilities rendered him unable to secure or follow a substantially gainful occupation as of November 27, 2009. The Board granted a TDIU from that date.

The Board has remanded the claims for service connection for a left hip disorder and bilateral lower extremity radiculopathy due to inadequate opinions in previous examinations. The Veteran is seeking service connection for these conditions, with one related to his service-connected lumbar spine and/or bilateral knee disabilities.

The Board has decided that a remand is necessary to ensure proper development of the Veteran's claim for service connection for degenerative disc disease (DDD) of the thoracolumbar and cervical spine with sensory neuropathy and radiculopathy, including as due to exposure to environmental hazards in the Gulf War.